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HF 3067

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/11/2016 04:44pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/14/2016
1st Engrossment Posted on 03/31/2016

Current Version - 1st Engrossment

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A bill for an act
relating to transportation; modifying various provisions administered by
and governing the activities of the Department of Transportation; removing
a legislative route; amending Minnesota Statutes 2014, sections 161.081,
subdivision 3; 165.14, subdivision 6; 171.12, subdivision 6; 174.185; Laws 2014,
chapter 312, article 11, sections 10; 11; 13; 16; 18.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 161.081, subdivision 3, is amended to read:


Subd. 3.

Flexible highway account; turnback accounts.

(a) The flexible highway
account is created in the state treasury. Money in the account shall be used:

(1) deleted text beginin fiscal years 2009 and 2010, 100 percent of the excess sum, as calculated in
paragraph (i), and in fiscal years 2011 and thereafter,
deleted text end 50 percent of the excess sum, as
calculated in paragraph (i), for counties in the metropolitan area, as defined in section
473.121, subdivision 4, but for the purposes of the calculation cities of the first class will
be excluded in the metropolitan area; and

(2) of the amount available in the flexible highway account less the amount under
clause (1), as determined by the commissioner under this section for:

(i) restoration of former trunk highways that have reverted to counties or to statutory
or home rule charter cities, or for trunk highways that will be restored and subsequently
turned back by agreement between the commissioner and the local road authority;

(ii) safety improvements on county highways, municipal highways, streets, or town
roads; and

(iii) routes of regional significance.

(b) For purposes of this subdivision, "restoration" means the level of effort required
to improve the route that will be turned back to an acceptable condition as determined
by agreement made between the commissioner and the county or city before the route
is turned back.

(c) The commissioner shall review the need for funds to restore highways that have
been or will be turned back. The commissioner shall determine, on a biennial basis, the
percentage of funds in the flexible highway account to be distributed to each district,
and within each district the percentage to be used for each of the purposes specified in
paragraph (a). Money in the account may be used for safety improvements and routes of
regional significance only after money is set aside to restore the identified turnbacks. The
commissioner shall make these determinations only after meeting and holding discussions
with committees selected by the statewide associations of both county commissioners and
municipal officials. The commissioner shall, to the extent feasible, annually allocate 50
percent of the funds in the flexible highway account to the department's metropolitan
district, and 50 percent to districts in greater Minnesota.

(d) Money that will be used for the restoration of trunk highways that have reverted
or that will revert to cities must be deposited in the municipal turnback account, which is
created in the state treasury.

(e) Money that will be used for the restoration of trunk highways that have reverted
or that will revert to counties must be deposited in the county turnback account, which is
created in the state treasury.

(f) Money that will be used for safety improvements must be deposited in the
highway safety improvement account, which is created in the state treasury to be used
as grants to statutory or home rule charter cities, towns, and counties to assist in paying
the costs of constructing or reconstructing city streets, county highways, or town roads
to reduce crashes, deaths, injuries, and property damage.

(g) Money that will be used for routes of regional significance must be deposited in
the routes of regional significance account, which is created in the state treasury, and used
as grants to statutory or home rule charter cities, towns, and counties to assist in paying
the costs of constructing or reconstructing city streets, county highways, or town roads
with statewide or regional significance that have not been fully funded through other state,
federal, or local funding sources.

(h) As part of each biennial budget submission to the legislature, the commissioner
shall describe how the money in the flexible highway account will be apportioned among
the county turnback account, the municipal turnback account, the trunk highway fund for
routes turned back to local governments by agreement, the highway safety improvement
account, and the routes of regional significance account.

(i) The excess sum is calculated as deleted text beginthe sum of revenuedeleted text endnew text begin 32 percent of the distribution
amount
new text end within the flexible highway accountdeleted text begin:deleted text endnew text begin.
new text end

deleted text begin (1) attributed to that portion of the gasoline excise tax rate under section 296A.07,
subdivision 3, in excess of 20 cents per gallon, and to that portion of the excise tax rates
in excess of the energy equivalent of a gasoline excise tax rate of 20 cents per gallon
for E85 and M85 under section 296A.07, subdivision 3, and special fuel under section
296A.08, subdivision 2;
deleted text end

deleted text begin (2) attributed to a change in the passenger vehicle registration tax under section
168.013, imposed on or after July 1, 2008, that exceeds (i) the amount collected in fiscal
year 2008, multiplied by (ii) the annual average United States Consumer Price Index for
the calendar year previous to the current calendar year, divided by the annual average
United States Consumer Price Index for calendar year 2007; and
deleted text end

deleted text begin (3) attributed to that portion of the motor vehicle sales tax revenue in excess of the
percentage allocated to the flexible highway account in fiscal year 2007.
deleted text end

deleted text begin (j) For purposes of this subdivision, the United States Consumer Price Index
identified in paragraph (i), clause (2), is for all urban consumers, United States city
average, as determined by the United States Department of Labor.
deleted text end

Sec. 2.

Minnesota Statutes 2014, section 165.14, subdivision 6, is amended to read:


Subd. 6.

Annual report.

deleted text beginAnnuallydeleted text end By January 15new text begin of each odd-numbered yearnew text end, the
commissioner shall submit a report on the program to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
transportation finance. The report must include the inventory information required under
subdivision 3, and an analysis, including any recommendations for changes, of the
adequacy and efficacy of (1) the program requirements under subdivision 3, and (2) the
prioritization requirements under subdivision 4.

Sec. 3.

Minnesota Statutes 2014, section 171.12, subdivision 6, is amended to read:


Subd. 6.

Certain convictions not recorded.

(a) Except as provided in paragraph
(c), the department shall not keep on the record of a driver any conviction for a violation
of a speed limit of 55 miles per hour unless the violation consisted of a speed greater than
ten miles per hour in excess of the speed limit.

(b) Except as provided in paragraph (c), the department shall not keep on the record
of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the
violation consisted of a speed greater than:

(1) ten miles per hour in excess of the speed limit, for any violation occurring on or
after August 1, 2012, and before August 1, 2014; or

(2) five miles per hour in excess of the speed limit, for any violation occurring on
or after August 1, 2014.

(c) This subdivision does not apply to (1) a violation that occurs in a commercial
motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
driver's licensenew text begin or commercial driver learner's permitnew text end, without regard to whether the
violation was committed in a commercial motor vehicle or another vehicle.

Sec. 4.

Minnesota Statutes 2014, section 174.185, is amended to read:


174.185 PAVEMENT LIFE-CYCLE COST ANALYSIS.

Subdivision 1.

Definitions.

For the purposes of this section, the following
definitions apply.

(a) "Life-cycle cost" is the sum of the cost of the initial pavement project and
all anticipated costs for maintenance, repair, and resurfacing over the life of the
pavement. Anticipated costs must be based on Minnesota's actual or reasonably projected
maintenance, repair, and resurfacing schedules, and costs determined by the Department
of Transportation district personnel based upon recently awarded local projects and
experience with local material costs.

(b) "Life-cycle cost analysis" is a comparison of life-cycle costs among competing
paving materials using deleted text beginequal design lives anddeleted text end equal comparison periods.

Subd. 2.

Required analysis.

For each project in the reconditioning, resurfacing,
and road repair funding categories, the commissioner shall perform a life-cycle cost
analysis and shall document the lowest life-cycle costs and all alternatives considered.
The commissioner shall document the chosen pavement strategy and, if the lowest life
cycle is not selected, document the justification for the chosen strategy. deleted text beginA life-cycle cost
analysis is required for projects to be constructed after July 1, 2011. For projects to be
constructed prior to July 1, 2011, when feasible, the department will use its best efforts to
perform life-cycle cost analyses.
deleted text end

Subd. 3.

Report.

The commissioner shall report deleted text beginannuallydeleted text endnew text begin by January 15 of each
year
new text end to the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over transportation finance deleted text beginbeginning on January 1, 2012,deleted text end the
results of the analyses required in subdivision 2.

Sec. 5.

Laws 2014, chapter 312, article 11, section 10, the effective date, is amended to
read:


EFFECTIVE DATE.

This section is effective November 30, deleted text begin2016deleted text endnew text begin 2018new text end, and
applies to permits issued on and after that date.

Sec. 6.

Laws 2014, chapter 312, article 11, section 11, the effective date, is amended to
read:


EFFECTIVE DATE.

This section is effective November 30, deleted text begin2016deleted text endnew text begin 2018new text end, and
applies to permits issued on and after that date.

Sec. 7.

Laws 2014, chapter 312, article 11, section 13, the effective date, is amended to
read:


EFFECTIVE DATE.

This section is effective November 30, deleted text begin2016deleted text endnew text begin 2018new text end, and
applies to permits issued on and after that date.

Sec. 8.

Laws 2014, chapter 312, article 11, section 16, the effective date, is amended to
read:


EFFECTIVE DATE.

This section is effective November 30, deleted text begin2016deleted text endnew text begin 2018new text end, and
applies to permits issued on and after that date.

Sec. 9.

Laws 2014, chapter 312, article 11, section 18, the effective date, is amended to
read:


EFFECTIVE DATE.

This section is effective November 30, deleted text begin2016deleted text endnew text begin 2018new text end, and
applies to permits issued on and after that date.

Sec. 10. new text beginLEGISLATIVE ROUTE NO. 225 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 156, is repealed effective the
day after the commissioner of transportation receives a copy of the agreement between
the commissioner and the governing body of Becker County to transfer jurisdiction of
Legislative Route No. 225 and after the commissioner notifies the revisor of statutes
under paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route have been
satisfied.
new text end